Bill Text: NY A07956 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes a program to provide information to consumers concerning household hazardous products; provides such information be available at the point of retail sale by labels and pamphlets; provides such information should disclose hazards and inform people of environmentally safer alternatives; provides for the establishment of a hazardous product list by the department of environmental conservation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-05-28 - reported referred to ways and means [A07956 Detail]
Download: New_York-2013-A07956-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7956 2013-2014 Regular Sessions I N A S S E M B L Y June 12, 2013 ___________ Introduced by M. of A. COOK, GOTTFRIED, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND -- read once and referred to the Committee on Envi- ronmental Conservation AN ACT to amend the environmental conservation law, in relation to retail shelf labeling of household hazardous products and related consumer information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 4 to read as follows: 3 TITLE IV 4 HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION 5 SECTION 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION. 6 S 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION. 7 1. TO THE EXTENT FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL, IN CONSUL- 8 TATION WITH NEW YORK RETAILERS AND PRODUCT MANUFACTURERS, ESTABLISH A 9 PROGRAM TO: 10 A. PROVIDE INFORMATION TO RETAILERS WITH RESPECT TO THE HAZARDOUS 11 PRODUCTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION AND ENVIRON- 12 MENTALLY SAFER ALTERNATIVES TO THOSE PRODUCTS; 13 B. PROVIDE LABELS FOR RETAIL USE WITH RESPECT TO THE HAZARDOUS 14 PRODUCTS; 15 C. PROVIDE PAMPHLETS FOR CONSUMERS, TO BE MADE AVAILABLE BY RETAILERS 16 AT THE POINT OF SALE, DESCRIBING THE TOXICITY OF THESE HAZARDOUS 17 PRODUCTS, SAFER DISPOSAL METHODS, AND ALTERNATIVE PRODUCTS WHICH ARE 18 ENVIRONMENTALLY SAFER; AND 19 D. REQUIRE THAT RETAIL ESTABLISHMENTS DISPLAY THESE LABELS AND 20 PAMPHLETS ON SHELVES, OR IN THE IMMEDIATE VICINITY OF HAZARDOUS 21 PRODUCTS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. 22 2. "HAZARDOUS PRODUCTS" FOR THE PURPOSES OF THIS SECTION ARE DEFINED 23 AS FOLLOWS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01999-01-3 A. 7956 2 1 A. AUTOMOTIVE PRODUCTS INCLUDING MOTOR OIL, TRANSMISSION FLUID, ENGINE 2 LUBRICANTS AND CLEANERS, OIL, AND TRANSMISSION FLUID ADDITIVES, GASOLINE 3 ADDITIVES, GAS LINE FREEZE-UP PRODUCTS, ANTIFREEZE, AND WINDSHIELD WIPER 4 SOLUTIONS; 5 B. SHOE POLISHES, FLOOR WAXES, CAR WAXES, FURNITURE POLISHES, SPRAY 6 DUST CLEANERS, FURNITURE STAINS AND WOOD PRESERVATIVES; 7 C. MINERAL SPIRITS, TURPENTINE, ALCOHOLS NOT FOR HUMAN CONSUMPTION, 8 CRESOL, AND NAPHTHA; 9 D. PAINTS, WHETHER FOR BRUSH OR SPRAY APPLICATION, AEROSOL PAINTS, 10 LACQUERS, AND THINNERS (EXCEPT WATER); 11 E. DRAIN CLEANERS, SINK AND TOILET BOWL CLEANERS, AND OVEN CLEANERS; 12 F. SPOT AND STAIN REMOVERS WITH PETROLEUM BASE; 13 G. PETROLEUM BASED FERTILIZERS SOLD FOR RESIDENTIAL APPLICATION; 14 H. PESTICIDES SOLD FOR RESIDENTIAL APPLICATION; AND 15 I. LEAD-ACID BATTERIES, SWIMMING POOL CHEMICALS, PHOTOGRAPHIC CHEMI- 16 CALS, MOST GLUES AND ADHESIVES, SELF-LIGHTING CHARCOAL, CHARCOAL LIGHT- 17 ER, BUTANE LIGHTERS, AND ALL AEROSOLS (EXCEPT PERSONAL CARE PRODUCTS). 18 3. THE DEPARTMENT MAY, BY REGULATION, ADD TO OR DELETE FROM THE LIST 19 ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, AS DEEMED APPROPRIATE. 20 SIMILARLY, THE DEPARTMENT MAY DELETE FROM THE LIST SPECIFIC PRODUCTS 21 THAT DO NOT CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE 22 ONE PERCENT. A HAZARDOUS CHEMICAL, FOR PURPOSES OF THIS SECTION, SHALL 23 BE CONSISTENT WITH HAZARDOUS CHEMICALS LISTED IN REGULATIONS PROMULGATED 24 IN ACCORDANCE WITH TITLE 9 OF ARTICLE 27 OF THIS CHAPTER. A PRODUCT 25 MANUFACTURER OF ANY PRODUCT LISTED IN SUBDIVISION TWO OF THIS SECTION 26 MAY PETITION THE DEPARTMENT FOR AN EXEMPTION IF THE PRODUCT DOES NOT 27 CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE ONE PERCENT. 28 S 2. This act shall take effect one year after it shall have become a 29 law, provided, however, that effective immediately, the addition, amend- 30 ment and/or repeal of any rules or regulations necessary for the imple- 31 mentation of the foregoing section of this act on its effective date is 32 authorized and directed to be made and completed on or before such 33 effective date.